Opinions

Opinions & Orders – November 19, 2020

This morning, the Federal Circuit issued three new opinions: two precedential opinions in patent cases and one nonprecedential opinion in another patent case. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Panel Activity

Update on Important Panel Activity

Here is this month’s update on activity in cases pending before panels of the Federal Circuit where the cases involve at least one amicus brief. We keep track of these cases in the “Other Cases” section of our blog. Today, with respect to these cases we highlight three dispositions in patent cases addressing estoppel related to inter partes review, anticipation, and induced infringement; new briefing in another patent case related to standing; one recent oral argument in a patent case addressing personal jurisdiction; and four upcoming oral arguments in veterans and government contracts cases.

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News

Recent News on the Federal Circuit

Here’s the latest.

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Opinions / Panel Activity

Opinion Summary – GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc.

On Friday, the Federal Circuit issued its opinion in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a case we have been tracking because it attracted three amicus briefs. Judge Newman authored the majority opinion, which Judge Moore joined. Judges Newman and Moore vacated a district court’s judgment as a matter of law and remanded the case with instructions to reinstate a jury verdict of induced infringement in favor of GlaxoSMithKline based on indications of use in labels applied by Teva, a generic drug manufacturer. Chief Judge Prost filed a thirty-three page dissenting opinion, taking the majority to task for “creating infringement liability for any generic entering the market with a [so-called] skinny label, and by permitting infringement liability for a broader label that itself did not actually cause any direct infringement.” Here is a summary of the majority and dissenting opinions.

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Opinions

Opinions & Orders – October 2, 2020

This morning, the Federal Circuit issued a precedential opinion in a first patent case and a nonprecedential opinion in another patent case. Here are the introductions to the opinions.

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News

Recent News on the Federal Circuit

Here is a report on recent news and commentary related to the Federal Circuit and its cases, including two articles commenting on this week’s oral arguments, another article commenting on a recent Federal Circuit opinion related to personalized medicine, and another reporting on Thryv, Inc. v. Click-to-Call Technologies, LP, a case the Supreme Court will hear this upcoming term.

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